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H0207................................by JUDICIARY, RULES AND ADMINISTRATION
ISTARS - Amends existing law relating to the Idaho Statewide Trial Court
Automated Records System (ISTARS) to provide that moneys in the ISTARS
Technology Fund may be used for other technologies that assist in the
efficient management of the courts or that improve access to the courts and
court records; to increase the ISTARS technology fee; and to revise court
fees.
02/14 House intro - 1st rdg - to printing
;2/15 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 62-5-3
AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao,
Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow,
Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp,
Lake, LeFavour, Martinez, Mathews, McGeachin, Miller, Mitchell,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
Roberts, Rusche, Rydalch, Sayler, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Mr. Speaker
NAYS -- Barrett, Loertscher, McKague, Schaefer, Wood
Absent and excused -- Bayer, Black, Sali
Floor Sponsors - Hart, Field(18) & Wills
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Jud
03/21 Rpt out - rec d/p - to 2nd rdg
03/22 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 34-0-0, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Darrington
Title apvd - to House
03/24 To enrol
03/28 Rpt enrol - Sp signed
03/29 Pres signed
03/30 To Governor
04/01 Governor signed
Session Law Chapter 240
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 207
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO STATEWIDE TRIAL COURT AUTOMATED RECORDS SYSTEM; AMENDING
3 SECTION 1-1623, IDAHO CODE, TO PROVIDE THAT MONEYS IN THE ISTARS TECHNOL-
4 OGY FUND MAY BE USED FOR OTHER TECHNOLOGIES THAT ASSIST IN THE EFFICIENT
5 MANAGEMENT OF THE COURTS OR THAT IMPROVE ACCESS TO THE COURTS AND COURT
6 RECORDS; AMENDING SECTION 31-3201, IDAHO CODE, TO INCREASE THE ISTARS
7 TECHNOLOGY FEE; AMENDING SECTION 31-3201A, IDAHO CODE, TO REVISE COURT
8 FEES AND TO MAKE TECHNICAL CORRECTIONS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 1-1623, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 1-1623. IDAHO STATEWIDE TRIAL COURT AUTOMATED RECORDS SYSTEM (ISTARS)
13 TECHNOLOGY FUND. There is hereby created in the office of the state treasurer
14 the ISTARS technology fund. Moneys deposited into the fund pursuant to sec-
15 tions 31-3201 and 31-3201A, Idaho Code, upon appropriation by the legislature,
16 shall be used by the supreme court for the purpose of maintaining, replacing
17 and enhancing the Idaho Statewide Trial Court Automated Records System
18 (ISTARS) program, and other technologies that assist in the efficient manage-
19 ment of the courts or that improve access to the courts and court records. The
20 ISTARS technology fund shall be separate and distinct from the state general
21 fund, and expenditures from the ISTARS technology fund shall be solely dedi-
22 cated to the purposes set forth in this section. Moneys deposited into the
23 fund may be allowed to accumulate from year to year for designated mainte-
24 nance, replacement, extension or enhancement of the ISTARS program. Interest
25 earned on the investment of idle moneys in the ISTARS technology fund shall be
26 returned to the ISTARS technology fund.
27 SECTION 2. That Section 31-3201, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 31-3201. CLERK OF DISTRICT COURT -- FEES. (1) The clerk of the district
30 court shall lawfully charge, demand and receive the following fees for ser-
31 vices rendered by him in discharging the duties imposed upon him by law:
32 For filing and docketing abstract or transcript of judgment from another
33 court .................................................................. $2.00
34 For issuing execution upon an abstract or transcript of judgment and fil-
35 ing same on return ..................................................... $2.00
36 For recording execution issued upon abstract or transcript of judgment,
37 per page ............................................................... $2.00
38 For taking affidavits, including jurat ............................. $1.00
39 For taking acknowledgments, including seal ......................... $1.00
40 For filing and indexing designation of agent of foreign corporation
41 ........................................................................ $2.00
2
1 For filing and indexing notarial statement ......................... $2.00
2 For making copy of any file or record, by the clerk, the clerk shall
3 charge and receive, per page ........................................... $1.00
4 For comparing and conforming a prepared copy of any file or record, the
5 clerk shall charge and receive, per page .............................. $ .50
6 For certifying the same an additional fee for certificate and seal . $1.00
7 For all services not herein enumerated, and of him lawfully required, the
8 clerk of the district court shall demand and receive such fees as are herein
9 allowed for similar services.
10 (2) All fees collected under the provisions of this section shall be paid
11 over to the county treasurer, at the same time and in the same manner as other
12 fees.
13 (3) In addition to all other fines, forfeitures and costs levied by the
14 court, the clerk of the district court shall collect ten dollars ($10.00) as
15 an administrative surcharge fee on each criminal case, and five dollars
16 ($5.00) on each infraction to be paid over to the county treasurer at the same
17 time and in the same manner as other fees, for the support of the county jus-
18 tice fund, or the current expense fund if no county justice fund has been
19 established, and shall collect ten dollars ($10.00) as an administrative sur-
20 charge fee on each civil case, including each appeal, to be paid over to the
21 county treasurer for the support of the county court facilities fund, or to
22 the district court fund if no county court facilities fund has been estab-
23 lished.
24 (4) Provided further, an additional handling fee of two dollars ($2.00)
25 shall be imposed on each monthly installment of criminal or infraction fines,
26 forfeitures, and other costs paid on a monthly basis.
27 (5) Provided further, in addition to all other fines, forfeitures and
28 costs levied by the court, the clerk of the district court shall collect five
29 ten dollars ($510.00) as an Idaho Statewide Trial Court Automated Records
30 System (ISTARS) technology fee on each criminal and infraction offense to be
31 paid over to the county treasurer who shall, within five (5) days after the
32 end of the month, pay such fee to the state treasurer for deposit into the
33 ISTARS technology fund.
34 SECTION 3. That Section 31-3201A, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 31-3201A. COURT FEES. The clerk of the district court in addition to the
37 fees and charges imposed by chapter 20, title 1, Idaho Code, and in addition
38 to the fee levied by chapter 2, title 73, Idaho Code, shall charge, demand and
39 receive the following fees for services rendered by him in discharging the
40 duties imposed upon him by law;
41 (a) A fee of forty-four dollars ($3944.00) for filing a civil case of any
42 type in the district court or in the magistrate's division of the district
43 court including cases involving the administration of decedents' estates,
44 whether testate or intestate, and conservatorships of the person or of the
45 estate or both with the following exceptions:
46 The filing fee shall be twenty-two dollars ($1722.00) in each case where
47 the amount of money or damages or the value of personal property claimed does
48 not exceed three hundred dollars ($300). The filing fee shall be twenty-four
49 dollars ($1924.00) in the following types of cases:
50 (1) Where the amount of money or damages or the value of personal prop-
51 erty claimed exceeds three hundred dollars ($300) but does not exceed one
52 thousand dollars ($1,000);
53 (2) Where a case is brought for forcible or unlawful entry or detainer
3
1 whether brought for rent or possession or both and regardless of the
2 amount;
3 (3) Where a case is brought under chapter 20, title 16, Idaho Code, for
4 the termination of parent-child relationship;
5 (4) Where a case is brought under chapter 2, title 32, Idaho Code, for
6 permission to marry;
7 (5) Where a case involving the administration of a decedent's estate is
8 brought under the Ssummary Aadministration of Ssmall Eestates Aact;
9 (6) In cases where a court order is issued only for a certain specific
10 reason other than the administering of an estate, including, but not lim-
11 ited to, proceedings brought under sections 14-114, 15-514, 15-1401,
12 15-1518 and/or 15-1709, Idaho Code, or for some specific reason;
13 (7) In cases brought to determine heirship without administration;
14 (8) In cases brought to determine inheritance or transfer tax;
15 (9) In proceedings brought for adoption;
16 (10) In proceedings brought for letters of guardianship of the person or
17 of the estate or both.
18 No filing fee shall be charged in the following types of cases:
19 (1) In cases brought under chapter 3, title 66, Idaho Code, for commit-
20 ment of mentally ill persons;
21 (2) In cases brought under the Jjuvenile Ccorrections Aact;
22 (3) In cases brought under the Cchild Pprotective Aact.
23 In all cases in which a filing fee of forty-four dollars ($3944.00) is
24 paid, seventeen dollars ($17.00) of such filing fee shall be paid to the
25 county treasurer for deposit in the district court fund of the county; ten
26 dollars ($510.00) of such filing fee shall be paid to the county treasurer
27 who shall, within five (5) days after the end of the month, pay such fees to
28 the state treasurer for deposit into the ISTARS technology fund; and seventeen
29 dollars ($17.00) of such filing fee shall be paid to the county treasurer who
30 shall pay such fees to the state treasurer for deposit in accordance with sub-
31 section (p) of this section. In all cases in which a filing fee of twenty-four
32 dollars ($1924.00) is paid, four dollars ($4.00) of such filing fee shall be
33 paid to the county treasurer for deposit in the district court fund of the
34 county; ten dollars ($510.00) of such filing fee shall be paid to the county
35 treasurer who shall, within five (5) days after the end of the month, pay such
36 fees to the state treasurer for deposit into the ISTARS technology fund; and
37 ten dollars ($10.00) of such filing fee shall be paid to the county treasurer
38 who shall pay such fees to the state treasurer for deposit in accordance with
39 subsection (p) of this section. In all cases in which a filing fee of twenty-
40 two dollars ($1722.00) is paid, three dollars ($3.00) of such filing fee shall
41 be paid to the county treasurer for deposit in the district court fund of the
42 county; ten dollars ($510.00) of such filing fee shall be paid to the county
43 treasurer who shall, within five (5) days after the end of the month, pay such
44 fees to the state treasurer for deposit into the ISTARS technology fund; and
45 nine dollars ($9.00) of such filing fee shall be paid to the county treasurer
46 who shall pay such fees to the state treasurer for deposit in accordance with
47 subsection (p) of this section.
48 (b) A fee of seventeen dollars and fifty cents ($17.50) shall be paid,
49 but not in advance, by each person found guilty of any felony or misdemeanor,
50 except when the court orders such fee waived because the person is indigent
51 and unable to pay such fee. If the magistrate court facilities are provided by
52 the county, five dollars ($5.00) of such fee shall be paid to the county trea-
53 surer for deposit in the district court fund of the county; and twelve dollars
54 and fifty cents ($12.50) of such fee shall be paid to the county treasurer who
55 shall pay such fees to the state treasurer for deposit in accordance with sub-
4
1 section (p) of this section. If the magistrate court facilities are provided
2 by a city, five dollars ($5.00) of such fee shall be paid to the city trea-
3 surer for deposit in the city general fund, two dollars and fifty cents
4 ($2.50) of such fee shall be paid to the city treasurer for deposit in the
5 city capital facilities fund for the construction, remodeling and support of
6 magistrates court facilities, and ten dollars ($10.00) of such fee shall be
7 paid to the county treasurer who shall pay such fees to the state treasurer
8 for deposit in accordance with subsection (p) of this section.
9 (c) A fee of sixteen dollars and fifty cents ($16.50) shall be paid, but
10 not in advance, by each person found to have committed an infraction or any
11 minor traffic, conservation or ordinance violation; provided that the judge or
12 magistrate may in his or her discretion consolidate separate nonmoving traffic
13 offenses into one (1) offense for purposes of assessing such fee. If the mag-
14 istrate court facilities are provided by the county, five dollars ($5.00) of
15 such fee shall be paid to the county treasurer for deposit in the district
16 court fund of the county; and eleven dollars and fifty cents ($11.50) of such
17 fee shall be paid to the county treasurer, who shall pay such fees to the
18 state treasurer for deposit in accordance with subsection (p) of this section.
19 If the magistrate court facilities are provided by a city, five dollars
20 ($5.00) of such fee shall be paid to the city treasurer for deposit in the
21 city general fund, two dollars and fifty cents ($2.50) of such fee shall be
22 paid to the city treasurer for deposit in the city capital facilities fund for
23 the construction, remodeling and support of magistrate court facilities, and
24 nine dollars ($9.00) of such fee shall be paid to the county treasurer who
25 shall pay such fees to the state treasurer for deposit in accordance with sub-
26 section (p) of this section.
27 (d) A fee of twenty-four dollars ($1924.00) shall be paid by any party,
28 except the plaintiff, making an appearance in any civil action in the dis-
29 trict court or in the magistrate's division of the district court. Of such
30 fee, four dollars ($4.00) shall be paid to the county treasurer for deposit in
31 the district court fund of the county; ten dollars ($510.00) of such fee
32 shall be paid to the county treasurer who shall, within five (5) days after
33 the end of the month, pay such fees to the state treasurer for deposit into
34 the ISTARS technology fund; and ten dollars ($10.00) of such fee shall be paid
35 to the county treasurer who shall pay such fees to the state treasurer for
36 deposit in accordance with subsection (p) of this section.
37 (e) A fee of nine dollars ($9.00) shall be paid by the person or persons
38 required to make an account pursuant to either chapter 11 or chapter 18, title
39 15, Idaho Code, at the time such account is filed. All of such fee shall be
40 paid to the county treasurer for deposit in the district court fund of the
41 county.
42 (f) A fee of nineteen dollars ($19.00) shall be paid upon the filing of a
43 petition of the executor or administrator or of any person interested in an
44 estate for the distribution of such estate, six dollars ($6.00) of such fee
45 shall be paid to the county treasurer for deposit in the district court fund
46 of the county; and thirteen dollars ($13.00) of such fee shall be paid to the
47 county treasurer who shall pay such fees to the state treasurer for deposit in
48 accordance with subsection (p) of this section.
49 (g) A fee of seven dollars ($7.00) shall be paid by an intervenor upon
50 making an appearance in any civil action in the district court or in the
51 magistrate's division of the district court. All of such fee shall be paid to
52 the county treasurer for deposit in the district court fund of the county.
53 (h) A fee of eight dollars ($8.00) shall be paid by a party filing a
54 third party claim as defined in the Idaho Rules of Civil Procedure. All of
55 such fee shall be paid to the county treasurer for deposit in the district
5
1 court fund of the county.
2 (i) A fee of eight dollars ($8.00) shall be paid by any party filing a
3 cross-claim. All of such fee shall be paid to the county treasurer for deposit
4 in the district court fund of the county.
5 (j) A fee of nine dollars ($9.00) shall be paid by a party initiating a
6 change of venue. Such fee shall be paid to the clerk of the court of the
7 county to which venue is changed. All of such fee shall be paid to the county
8 treasurer for deposit in the district court fund of the county.
9 (k) A fee of nine dollars ($9.00) shall be paid by any party appearing
10 after judgment or applying to reopen a case. All of such fee shall be paid to
11 the county treasurer for deposit in the district court fund of the county. A
12 fee of thirty-two dollars ($32.00) shall be paid by a party applying to reopen
13 a divorce action or modify a divorce decree, with all of the fee to be dis-
14 tributed in the same manner as the fee provided for in subsection (a) of this
15 section is distributed.
16 (l) A fee of nine dollars ($9.00) shall be paid by a party taking an
17 appeal from the magistrate's division of the district court to the district
18 court. No additional fee shall be required if a new trial is granted. All of
19 such fee shall be paid to the county treasurer for deposit in the district
20 court fund of the county.
21 (m) A fee of nine dollars ($9.00) shall be paid by the party taking an
22 appeal from the district court to the supreme court for comparing and certify-
23 ing the transcript on appeal, if such certificate is required. All of such fee
24 shall be paid to the county treasurer for deposit in the district court fund
25 of the county.
26 (n) Fees not covered by this section shall be set by rule or administra-
27 tive order of the supreme court.
28 (o) All fees required to be paid by this section or by rule or adminis-
29 trative order of the supreme court shall be collected by the clerk of the dis-
30 trict court or by a person appointed by the clerk of the district court for
31 this purpose. If it appears that there is a necessity for such fees to be col-
32 lected by persons other than the clerk of the district court or a person des-
33 ignated by the clerk for such purpose, the supreme court by rule or adminis-
34 trative order may provide for the designation of persons authorized to receive
35 such fees. Persons so designated shall account for such fees in the same man-
36 ner required of the clerk of the district court and shall pay such fees to the
37 clerk of the district court of the county in which such fees are collected.
38 (p) That portion of the filing fees required to be remitted to the state
39 treasurer for deposit pursuant to subsections (a), (b), (c), (d) and (f) of
40 this section shall be apportioned ninety percent (90%) to the state general
41 fund and ten percent (10%) to the peace officers standards and training fund
42 authorized in section 19-5116, Idaho Code, within five (5) days after the end
43 of the month in which such fees were remitted to the county treasurer. That
44 portion of the filing fees required to be remitted to a city treasurer for
45 deposit in the city's general fund shall be remitted within five (5) days
46 after the end of the month in which such fees were remitted to the county
47 treasurer.
48 (q) Of the fees derived from the filing of any divorce action required to
49 be transmitted to the state treasurer, the county treasurer shall retain five
50 dollars ($5.00), which shall be separately identified and deposited in the
51 district court fund of the county. Such moneys shall be used exclusively for
52 the purpose of establishing a uniform system of qualifying and approving per-
53 sons, agencies or organizations to conduct evaluations of persons convicted of
54 domestic assault or battery as provided in section 18-918, Idaho Code, and the
55 administration of section 18-918(7), Idaho Code, relating to the evaluation
6
1 and counseling or other treatment of such persons, including the payment of
2 the costs of evaluating and counseling or other treatment of an indigent
3 defendant. No provision of chapter 52, title 39, Idaho Code, shall apply to
4 the moneys provided for in this subsection.
5 (r) In consideration of the aforesaid fees the clerk of the district
6 court shall be required to perform all lawful service that may be required of
7 him by any party thereto; provided, that he shall not prepare and furnish any
8 certified copy of any file or record in an action except printed transcript on
9 appeal, without additional compensation as provided by law.
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STATEMENT OF PURPOSE
RS14880
This bill would broaden the applications of the Idaho Statewide
Trial Court Automated Records System (ISTARS) Technology Fund,
and would increase the ISTARS fee, which has been unchanged since
the creation of the fund in 1997. At that time, the Legislature
created a dedicated fund for the purpose of implementing the
ISTARS trial court information system. Court users pay an
additional $5.00 on civil filing fees and criminal dispositions,
which is deposited into the fund. This bill would increase the
amount of the ISTARS Technology Fund fee by $5.00 for civil
filing fees and criminal convictions. This additional revenue
would be used to develop and implement technologies such as video
teleconferencing, imaging, electronic filing and digital
recording systems in trial courts statewide. The use of these
technologies would provide greater access to court records,
greater efficiencies for the public, and reduce time, travel and
other costs to the parties, the State of Idaho and the counties.
Spending authority for the use of this fund is provided annually
by the Legislature.
FISCAL NOTE
This bill has no impact on the general fund. The increase in the
ISTARS fee would result in a doubling of the funds received by
the ISTARS Technology Fund, which would represent an annual
increase of approximately $1,500,000.00.
Contact Person:
Patricia Tobias
Administrative Director of the Courts
(208) 334-2246
Statement of Purpose/Fiscal Note HB 207